R2018-96 Building Division, Code Enforcement & Related Services AgreementRESOLUTION 2018-96
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING AN AGREEMENT WITH
HY-BYRD INCORPORATED TO PROVIDE BUILDING DIVISION, CODE
ENFORCEMENT AND RELATED SERVICES PURSUANT TO PRICING
ESTABLISHED IN AN EXISTING AGREEMENT WITH THE CITY OF
LAKE WORTH AND AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Village Staff recommended entering into an Agreement with Hy -Byrd Incorporated
to provide Building Division, Code Enforcement and related services on an as needed basis
pursuant to the terms, conditions and pricing established in an existing Agreement with the City
of Lake Worth, thereby allowing for concurrent competitive purchasing pursuant to the Village's
Purchasing Policy; and
WHEREAS, the maximum compensation to be paid to Hy -Byrd Incorporated pursuant to the
Agreement is $50,000, and the Village's Purchasing Policy requires that all contracts that exceed
$10,000 be approved by the Village Council; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves an Agreement for Building Division, Code
Enforcement and Related Services with Hy -Byrd Incorporated, a copy of which is attached
hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the
Agreement on behalf of the Village.
Section 3. The total amount of compensation paid pursuant to the Agreement shall not exceed
$50,000, with funds expended from Account No. A6019-33190 (Building — Professional Services).
Section 4. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 25TH DAY Of
(Village Seal)
ATTEST:
VILLAGE CLERK
AGREEMENT FOR SERVICES
This Agreement is made as of the day of °��" p-� , 2018, by and between the
VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida,
33408, a Florida municipal corporation ("VILLAGE"), and HY-BYRD INCORPORATED, 511
South East Coast Street, Lake Worth, Florida 33460, a Florida corporation ("CONTRACTOR"),
whose Federal I.D. No. is 65-0060264.
RECITALS
WHEREAS, the VILLAGE is in need of building division and related services, including code
enforcement services, on a periodic basis; and
WHEREAS, the VILLAGE and CONTRACTOR wish to enter into an Agreement whereby
CONTRACTOR will perform such services in accordance with (or by "piggy backing") the
terms, conditions and pricing established in an existing, competitively bid Contract for Services
between CONTRACTOR and the City of Lake Worth, approved by the City on October 16,
2018, with an effective date of October 1, 2018.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. The parties agree that the recitals set forth above are true and correct and are fully
incorporated herein by reference.
2. To the extent not expressly modified herein, this Agreement incorporates all of the
terms, conditions and obligations set forth in the Professional Services Agreement between
CONTRACTOR and the City of Lake Worth, a copy of which is attached hereto and
incorporated herein ("Lake Worth Agreement").
3. On an as needed basis at the request of the VILLAGE's Community Development
Director, CONTRACTOR shall perform building official, building inspection, and plan
review services in accordance with all Florida Building Code requirements. All inspectors
shall be properly licensed, certified and trained to perform such inspections. CONTRACTOR
also agrees to perform code enforcement services on an as needed basis.
4. The VILLAGE shall compensate CONTRACTOR for services performed pursuant to
this Agreement in accordance with the rate schedule incorporated by reference into the Lake
Worth Agreement. The rates shall be the sole compensation paid to CONTRACTOR and
CONTRACTOR acknowledges that there is no minimum amount of work or compensation
guaranteed pursuant to this Agreement.
5. The VILLAGE shall pay CONTRACTOR for services rendered in accordance with the
provisions of the Local Government Prompt Payment Act, Section 218.70, Florida Statutes, et
seq. The total compensation paid by VILLAGE to CONTRACTOR pursuant to this
Agreement shall not exceed $50,000.
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6. During the term of this Agreement, CONTRACTOR shall maintain insurance coverage
in the amounts and of the types specified in the Lake Worth Agreement.
7. CONTRACTOR is, and shall be, in the performance of all services under this Agreement,
an Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All
persons engaged in any of the services performed pursuant to this Agreement shall at all times,
and in all places, be subject to CONTRACTOR's sole direction, supervision, and control.
CONTRACTOR shall exercise control over the means and manner in which it and its employees
perform the services.
8. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising
out of or in any way related to the services furnished by CONTRACTOR pursuant to this
Agreement, including, but not limited to, those caused by or arising out of any act, omission,
negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or
employees. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials,
agents, servants and employees when the occurrence results solely from the wrongful acts or
omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this
Section shall survive completion of all services provided for in this Agreement as well as the
termination of this Agreement for any reason. Nothing contained in this Agreement shall create
a contractual relationship with or a cause of action in favor of a third party against either the
VILLAGE or CONTRACTOR, nor shall this Agreement be construed a waiver of sovereign
immunity beyond the limited waiver provided in § 768.28, Florida Statutes.
9. This Agreement shall be effective retroactive to October 1, 2018 and shall remain in
effect until September 30, 2019, at which time it shall automatically terminate. In the event the
Lake Worth Agreement expires prior to the expiration of this Agreement, CONTRACTOR
agrees to continue to honor the terms and conditions of this Agreement through its expiration.
Notwithstanding the foregoing, the VILLAGE or CONTRACTOR shall have the right to
terminate this Agreement, for any or no reason, by providing written notice to the other party via
hand -delivery or electronic transmission. In the event of termination by either party, the
VILLAGE shall pay CONTRACTOR for services satisfactorily rendered prior to the date of
termination.
10. If any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Agreement, the successful or prevailing party or parties shall be entitled to
recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not
taxable as court awarded costs (including, without limitation, all such fees, costs and expenses
incident to appeals), incurred in that action or proceeding, in addition to any other relief to which
such party or parties may be entitled.
11. The VILLAGE and CONTRACTOR agree that this Agreement sets forth the entire
Agreement between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Agreement may be
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added to, modified, superseded or otherwise altered, except by written instrument executed by
the parties hereto. Any provision of this Agreement which is of a continuing nature or imposes
an obligation which extends beyond the term of this Agreement shall survive its expiration or
earlier termination.
12. CONTRACTOR is aware that the Inspector General of Palm Beach County has the
authority to investigate and audit matters relating to the negotiation and performance of this
Agreement, and in furtherance thereof, may demand and obtain records and testimony from
CONTRACTOR. CONTRACTOR understands and agrees that in addition to all other remedies
and consequences provided by law, the failure of CONTRACTOR to fully cooperate with the
Inspector General when requested may be deemed by the VILLAGE to be a material breach of
this Agreement justifying its termination.
13. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
(561) 841-3355; NPBCLERK cr,VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY
ONE, NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:°
A. Keep and maintain public requires required by the VILLAGE to perform the service.
B. Upon request from the VILLAGE's custodian of public records, provide the VILLAGE
with a copy the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the Contract term and following completion of the Contract if the
CONTRACTOR does not transfer the records to the VILLAGE.
D. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records
in possession of CONTRACTOR or keep and maintain public records required by the
VILLAGE to perform the services. If CONTRACTOR transfers all public records to the
VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains public records upon completion of
the Contract, CONTRACTOR shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the VILLAGE, upon
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request from the VILLAGE's custodian of public records, in a format that is compatible
with the information technology systems of the VILLAGE.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Agreement as of the day and year first above written.
HY-BYRD IINCORPORATED
By: V /
Print Name: f l
Position:
VILLAG O i RTH
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ATTEST:
By: XP
Melissa Teal, Village Clerk
APPROVED AS TO FORM AND LEGAL
CT T1F FICIENCY
Village Attorney
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PROFESSIONAL SERVICES AGREEMENT
Ru-fldj nWgSfio-n Plan Review. -Code Eniorrenrent IwRections and Building (Wiyial Services
commooft StrstSlDelillity RMNUELment
THIS AGREEMENT ("Agreement') is entered into by and between the CITY OF LAKE
WORTH, a Florida municipal corporation ("City'), with its office located at 7 North Dixie Highway, Lake
Worth, Florida 33460, and HrByrd Incorporated a Florida corporation ("Consultant"), with its office
located at 511 South East Coast Street Lake Worth, Florida 33460.
WHEREAS, the City issued Request for Proposal # 18-217 for building inspections, plan review,
code inspections and building official services, and
WE[EREAS, the Consultant submitted a proposal to provide the City with building inspections,
plan review, code inspections and building official services; and
WHEREAS, the CTTY is in need of building inspections, plan review, code inspections and
btn'lding official services for the period of October 1, 2018 to September 30,2021; and
the Consultant is willing to provide appropriately licensed personnel to provide the
CITY with building inspections, plan review, code inspections and building official services forthe required
period; and
the Consultant is hereby engaged by the City to perform code inspections with the
requirements and terms and conditions of RFP 18-217 specifically including the grant requirements in the
Agreement between the City and Palm Beach County (hereinafter the "RFP"), which is incorporated herein
by reference); and
WHEREAS, the Consultant acknowledges that the compensation for code compliance inspections
may be paid. with Community Development Block Grant funding ("Grant Funding"); and
, the City desires to accept the Consultant's proposal and enter a non-exclusive contract
with the Camsuitant; and
WHEREAS, the purpose of this Agreement is to set forth certain terms and conditions for the
provision of services by the Consultant to the City.
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the
sufficiency of which is hereby acknowledged by the parties, the City and the Consultant agree as follows:
SECTION 1: INCORPORATION OF RECITALS. The foregoing Recitals are incorporated into this
Agreement as true and correct statements.
SECTION 2: CONSULTANT'S SERVICES. As more specifically set forth in the scope of services attached
as Exhibit "A", the Consultant shall provide the City with building inspections, plan review, code inspections
and building official services.
SECTION 3: 1NDEUNDENT CONTRACTOR RELATIONSHIP. No relationship of employer or
employee is created by this Agreement, it being understood that Consultant will act hereunder as an
independent contractor and none of the Consultant's, officers, directors, employees, independent contractors,
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representatives or agents performing services for Consultant pursuant to this Agreement shall have any claim
under this Agreement or otherwise against the City for compensation of any kind under this Agreement. The
relationship between the City and Consultant is that ofindependent contractors, and neither shall be considered
a joint venture, partrier, employee, agent, representative or other relationship of the other for any purpose
expressly or by implication.
SECTION 4: TERM AND TERMINATION.
a. Term. The term of this Agreement is for three (3) years commencing October 1, 2018 and
ending September 30, 2021. This Agreement maybe extended by written amendment signed by both parties
for one (1) additional year.
b. Termination without can= Either party may terminate this Agreement at any time with
or without cause by giving not less than thirty (30) days written notice of termination
c. _-mon-Aar-. Either party may terminate this Agreement at any time in the event
that the other party engages in any act or maloes any omission constihrting a dial breach of any term or
condition of this Agreemtent. The party electing to a this Agreement Shan FwMe the otw qty
with written notice specifying the nature of the breach. The party receiving thoncriice shall then -have three
(3) days from the date of the notice in which to remedy the breach. If such corrective action is not ruiner
within three (3) days, then this Agreement shall terminate at the end of the three (3) day period without
furdw notice or demand.
d. Effect of To m_ination. Tion of this Agreement shall not affect any rights,
obligatYons, and liabilities of the parties arising out of transactions which occurred prior to terminatio&
Notwithstanding the foregoing, the parties acknowledge and agree that the City is a municipal corporation
and political subdivision of the state of Florida, and as such, this Agreement (and all .Exhibits hereto) are
subject to budgeting and appropriation by the City of funds sufficient to pay the costs associated herewith
in any fiscal year of the City. Notwidistanding anything in this Amt to the Contrary, in the event that
no firm are appropriated or budgeted by the City's governing board m any fiscal year to pay the cost
associated with the City's obligations under this Agreement, or in the event the funds budgeted or
appropriated are, or are estimated by the City to be, ins-uffcieat to pay the costs associated with the City's
obligations hereunder in any fiscal period, then the City win notify the Consultant of such occurrence and
either the City or Consultant may terminate this Agreement by notifying the other in writing, which notice
shall specify a date of termination no earlier than twenty-four hours after giving of such notice. Termination
in accomdance with the preceding sentence shall be without penalty or expense to the City of any land
whatsoever, however, City shall pay Consultant for all services performed under this Agreement through
the date of termination.
r s71 NN • z
a. payer. They City agrees to compensate the Consultant in accordance with the schedule of
prices set forth in the Consultant's proposal, included herein as Exhibit "B", and as set froth below:
b. The total amount paid to the Consultant by Grant Funding under this Agreement shall not
exceed Two Hundred Ninety -One Thousand, Seven Hundred Eight Dollars ($291,708) per
fiscal year for Code Compliance Inspections and the total City fending to be paid under this
Agreement shall not exceed Seventy Five Thousand Dollars ($75,000) for building
inspections, plan reviews and building official services.
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c. The City shall not reimburse the Consultant for any additional costs incurred as a direct or indirect
result of the Consultant providing service to the City under this Agreement and not set forth in
Exhibit "A" or Exhibit "B".
d. Inver. The Consultant shall render monthly invoices to the City for services that have been
rendered in conformity with this Agreement in the previous month. The invoices shall specify the
work performed and the time spent on such work. Invoices will normally be paid within thirty (30)
days following the City's receipt of the Consultant's invoice. All invoices shall be submitted to:
Attn: Lori Milano
Community Sustainability- Building Department
1900 2nd Avenue North
Lake Worth Florida, 33461
With a copy to:
City of Lake Worth
Finance Department
7 N. Dixie Highway
Lake Worth, FL 33460
SECTION 6: INIDE—M–NI FICATION. The Consultant, its officers, employees and agents shall indemnify
and hold harmless the City, including its officers, employees and agents from liabilities, damages, losses,
and costs, including but not limited to, reasonable attorney's fees (at the trial and appellate levels), to the
extent caused by the negligence of the Consultant, its officers, directors, employees, representatives and
agents employed or utilized by the Consultant in the performance of the services under this Agreement
The City agrees to be responsible for its own negligence. Nothing contained in this Agreement shall create
a contractual relationship with or a cause of action in favor of a third party against either the City or the
Consultant, nor shall this Agreement be construed as a waiver of sovereign immunity for the City beyond
the waiver provided in section 768.28, Florida Statutes nor shall the City indemnify the Consultant.
SECTION 7: C43hdPLIANCE AND DISOUALiFICA ON: Each of the parties agrees to perform its
responsrbrliti'es under this Agreement in conformance with all laws, regulations and administrative
instructions that relate to the parties' performance of this Agreement, including, without limitation, the
applicable licensure requirements and Florida Public Records laws.
SECTION 8: P O The Consultant represents that it has, or will secure at its own expense, all
necessary personnel required to perform the services under this Agreement Such personnel shall not be
employees of or have any contractual relationship with the City. All of the services required hereunder shall
be performed by the Consultant or under its supervision, and all personnel engaged inperformingthe services
shall be fully qualified and authorized or permitted under federal, state and local law to perform such services.
SELMON 9: SUB-CONSWZANTS. The City reserves the right to accept the use of a sub -consultant or to
reject the selection of a particular sub -consultant and approve all qualifications of any sub -consultant in order
to make a determination as to the capability of the sub -consultant to perform properly under this Agreement
All sub -consultants providing professional services to the Consultant under this Agreement will also be
required to provide their own uisurance coverage identical to those contained in this Agreement In the event
that a sub -consultant does not have insurance or does not meet the insurance limits as stated in this Agreement,
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the Consultant shall indemnify and hold harmless the City for any claim in excess of the sub -consultant's
insurance coverage, arising out of the negligent acts, errors or omissions of the sub -consultant.
SECTION 10: FEDERAL AND STATE TAX. The City is exempt from payment of Florida State Sales and
Use Tax. The Consultant is not authorized to use the City's Tax Exemption Number.
SECTION 11: INSURANCE. Prior to commencing any services, the Consultant shall provide proof of
insurance coverage as required hereunder. Such insurance policy(s) shall be issued by the United States
Treasury or insurance carriers approved and authorized to do business in the State of Florida, and who must
have a rating of no less than "excellent" by AAC Best or as mutually agreed upon by the City and the
Consultant All such insurance policies may not be modified or terminated without the express written
authorization of the City.
Professional 1"bility ho ance
qty
(Productslbompleted operations
Contractual, insurance broad form property,
Independent Consultant, personal injury)
Auumobile (owned, non -owned, dt hired)
Worker's Compeagatian
$1,000,000 per occurrence
$1, 000,000 per occum mce
$2,000,000 annual aggmg to
$1,000,000 single limits
$ shy limits
The commercial: getter: liability policy must name the City as am additional insured on a primary and non-
c:iLo basis and for the performance of all services. Proof of all insurance �asl>�ll fenmished
to the City by way of an endorsement to same or certificate of ins ranoe prior to the smvwm The
certificates shall clearly indicate that the Consultant has obtained insurance of the typeti amourd, and
classification as required for strict compliance with this section. Failure to comply with the foregoing
requirem�eats shall not relieve Consultant of its liability and obligations undo this Agmemcat
SECTION 12: SUCCESSORS AND ASSIGNS, The City and the Consultant each binds itself and its
partners, successors, executors, administrators, and assigns to the otherparty of this Agreement and to the
pwrtners, successors, executors, 8d*Wiiiist1a1o311amid assigns of such other party, in respect m all covenants
of this Agreement. Except as agreed in writing by all parties, this Agreement is not assignable.
SECTION 13: ELSE= ROCLU310N LAW,, VENUE All claims arising out of
this Agreement or its breach shall be submitted first to mediation. The parties shall share the mediator's
fee equally. The mediation shall be held in Palm Beach County. Agreements reached in mediation shall
be enforceable as settlement agreements in any court having jurisdiction thereof. This Agreement shall be
governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement
will be held in Patin Beach County. No remedy herein conferred upon any party is intended to be exclusive
of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
No single or partial exercise by any party of any righty power, or remedy hereunder shall preclude any other
or further exercise thereof.
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SECTION 14: WAIVER OF JURY TRIM,. TO ENCOURAGE PROMPT AND EQUITABLE
RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL
BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT.
SECTION 15: ACCESS AND AUDITS_ The Consultant shall maintain adequate records to justify all
payments made by the City under this Agreement for at least three (3) years after completion of this
Agreement and longer if required by applicable federal or state law. The City shall have access to such
books, records, and documents as required in this section for the purpose of inspection or audit during
normal business hours, at the Consultant's place of business. In no circumstances will Consultant be
required to disclose any confidential or proprietary information regarding its products and service costs.
SECTION 16: NONDISCRIMINATION. The Consultant warrants and represents that all of its employees
are treated equally during employment without regard to race, color, religion, disability, sex, age, national
origin, ancestry, marital status, or sexual orientation.
SECTION 17: AUTHORITY TO PRACTICE. The Consultant hereby represents and warrants that it has
and will continue to maintain all licenses and.2mov ls, required to conduct its business and provide the
services required under this Agreement, and that it will at all times conduct its business and provide the
services under this Agreement m a reputable mmmer. Proof of such licenses and approvals shall be
submitted to the City upon request.
SECTION 18: SE;VERA NMY. If any term or provision of this Agreement, or the application thereof
to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Agreement, or the application of such terms or provision, to persons or circumstances other than those as
to which it is held invalid or unenforceable, shall not be affected, and every other tern and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
SECTION 19: PUBLIC ENTITY CRIMES. Consultant acknowledges and agrees that a person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public
building or public work; may not submit bids, Proposals, or replies on leases of real property to a public
entity; may not be awarded or perform work as a contractor, supplier or sub -contractor under a contract
with any public entity; and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, Florida Statues, for CATEGORY TWO for a period of 36 months
following the date of being placed on the convicted vendor list. The Consultant will advise the City
immediately if it becomes aware of any violation of this statute.
SECTION 20: NOTICE. All notices required in this Agreement shall be sent by band -delivery, certified
mail (RRR), or by nationally recognized overnight courier, and if sent to the City shall be sent to:
City of Lake Worth
Attn: City Manager
7 North Dixie Highway
Lake Worth, FL 33460
and if sent to the Consultant, shall be sent to:
Hy -Byrd Inc-
Attn: Michael Crisafulle
511 South East Coast Street
Lake Worth, Florida 33460
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The foregoing names and addresses may be changed if such change is provided in writing to the other
Ply
SECTION 21: ENTIRETY OF AGREEMENT. The City and the Consultant agree that this Agreement
sets forth the entire agreement between the parties, and that there are no promises or understandings other
than those stated herein. None of the provisions, terms and conditions contained in this Agreement may
be added to, modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto.
SECTION 22: WAIVER. Failure of a party to enforce or exercise any of its right(s) under this Agreement
shall not be deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter.
SECTION 23: PREPARATION AND NON EXCLUSIVE. This Agreement shall not be construed more
strongly against either party regardless of who was more responsible for its preparation. This is a non-
exchisive Amt and the City reserves the right to contract with individuals or firms to provide the
same or similar services.
SECTION 24: MATERM Ti'Y. All provisions of the Agreement shall be deemed material. In the event
Consultant furls to comply with any of the provisions contained in this or esldbits, amendments
and addenda attached hereto, said failure shall be deemed a material breach of this Agreement and City
may at its option provide notice to the Consultant to terminate for rause.
SECTION 25:7 LEGAI, EFFECT_ This Agreement shall not become binding and effective until approved
by the City. The Effective Date is the date this Agreement is executed by the City.
SECTION 26: _l4M OE QQAdP# ANTS:; t1L7, HAND R U AT— ORY NIpI' A.TION& Each party
will promptly notify the other of any complaint, claim, suit or muse of action ted or cxrmmenced
against it which arises out of or relates, in any manner, to the performance of this Agreement. Each party
agrees to cooperate with the other in any investigation either may conduct, the defense of any claim or suit
in which either party is named, and shall do nothing to impair or invalidate any applicable insurance
coverage.
SECTION 27: SURVIVABU-ITY. Any provision of this Agreement which is of a continuing nature or
imposes an obligation which extends beyond the teimn of this Agreement shall survive its expiration or
earlier termination.
SECTION 28: COUNTERPARTS. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, and will become effective and binding upon the parties as of the
effective date at such time as all the signatories hereto have signed a counterpart of this Agreement.
SECTION 29: PALM BEACH COUIyTY IG. In accordance with Palm Beach County ordinance number
2011-009, the CONSULTANT acknowledges that this Agreement may be subject to investigation and/or
audit by the Palm Beach County Inspector General- The CONSULTANT has reviewed Palm Beach County
ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance.
SECTION 30: AGREEMENT DOCUMENTS AND CQNTRQLLM PROVLSIONS. This Agreement
consists of the terms of this Agreement, the RFP, Exhibit "A" and Exhibit `B". The parties agree to be
bound by all the terms and conditions set forth in the aforementioned documents. To the extent that there
exists a conflict between the aforementioned documents, the terms of this Agreement shall prevail with the
RFP next taking precedence. Wherever possible, the provisions of such documents shall be construed in
such a manner as to avoid conflicts between provisions of the various documents.
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SECTION 31: REPRESENTATIONS and BINDING AUTHORITY. By signing this Agreement, the
undersigned representative for the Consultant represents to the City that he or she has the authority and full
legal power to execute this Agreement and any and all documents necessary to effectuate and implement
the terms of this Agreement on behalf of the Consultant for whom he is signing and to hind and obligate
such party with respect to all provisions contained in this Agreement.
SECTION 32: PUBLIC RECORDS.
The CONSULTANT shall comply with Florida's Public Records Act, Chanter 119. Florida Statutes. and,
if determined to be acting on behalf of the City as provided under section 1 19.01 1(2), Florida Statutes,
specifically agrees to:
(a) Kecp and maintain public records required by the City to perform the sen►icc
(b) Upon request from the City's custodian of public records or designee, provide the City with
a copy of the requested records or allow the records to be inspected or copied within a rcasonable
time at a cost that docs not exceed the cost provided in Chapter 119. Florida Statutes. or as otherwise
provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements arc not disclosed except as authorized by law for the duration of this
Agreement and following completion of this Agreement if the CONSULTANT does not transfer
the records to the City.
(d) Upon completion of this Agreement, transfer, at no cost, to the City all public records in
possession of the CONSULTANT or keep and maintain public records required by the City to
perform the service. if the CONSULTANT transfers all public records to the City upon completion
of the Agreement, the CONSULTANT shall destroy any duplicate public records that arc exempt
or confidential and exempt from public records disclosure requirements. If the CONSULTANT
keeps and maintains public records upon completion of the Agreement, the; CONSULTANT shall
meet all applicable requirements for retaining public record~. All records stored electronically must
be pro%ided to the City, upon request from the City's custodian of public records or designee. in a
format that is compatible with the information technology systems of the City.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS OR DESIGNEE AT (561) 586-1660, dan&ea(a�LakeR�ortb.orc, or
7 North Dixie Highway, Lake Worth, FL 33460.
THE REMAINDER OF THIS PAGE INTENTIONALLY I.F.FT BLANK
SIGNATURE PAGE FOLLOWS
Page 7 of 10
IN WITNESS WHEREOF, the parties hereto have made and executed this Professional Services
Agreement as of the day and year set forth below by the City.
Date: g
A
Deborah M. Andrea,
[Corporate Seal]
STATE OF
COUNTY OF
CITY OF LAKE WORTH, FLORIDA
Pam Tric to, Ma or
Apprp%vep asto form and legal sufficiency:
J. Torcivia, City Attorney
TED
By: /1
Print Name: /° ,��^^ ICI 11
Title:�_I__ t __
The foregoing instrument was aclmewled ed before me this ,� day of QNC b 2018,
by Mme+ ci a-� ( C, t v, asy� 4 ._p�,',� of Hy -Byrd Incorporated. and who is
personally known to me or who has produced the following as
identification.
Notary Public
,�i'N'�'"•., ANALISAARCILA
Noiery poEllc - Slele of Florioe
' '; Camminlon • FF 187893
"%;?a,y4.?' My Comm. Erplree Jen 8, 2019
_ an0()IC Ih10(Itn NaUonzl Nola Assn.
Page 8 of 10
EXIT "A"
Score of Smices
The Department for Community Sustainability, Building Division of the City of Lake Worth is requesting
proposals for professional support services for building inspections, construction plan review, code
enforcement inspections and Building Official services on an as needed basis. All of the persons are to be
certified professionals and would need to hold a current, active license issued by the State of Florida for
the discipline in which they will be providing services.
I ) Inspections: All inspectors shall be familiar with inspections in historic districts and also
inspection requirements for structures and properties that are located within a regulated flood
plain. inspectors must have their own transportation and necessary safety equipment.
a. Requirements and Details:
i. The inspections must be performed on the scheduled date unless prior
arrangements are made with the Building Official.
ii. Results must be provided to the city before Spm the day they are performed, so
the results can be entered in the computer system.
iii_ The number and type of inspections together with the inspection sheets will be
provided to contractor alter 4PM the day prior to the scheduled date
iv. The Contractor shall be required to provide a detailed schedule of inspections for
each day no later than 8AM on the day of the inspection that shall include at a minimum
whether the inspection will be in the morning or afternoon on said day.
V. Return phone calls and email s from permit holders in reference to code and
inspection concerns must be made within 24 hours of receipt.
vi. Perform consistent code compliant inspections to determine that construction
complies with approved plans and applicable codes and ordinances.
vii. Be available by cell phone or email.
2) Plan Review. Plan reviewers will need to review the plans for code compliance in the
disciplines of building, electrical, mechanical and plumbing. Plans may be reviewed off site
with pickup and delivery by the provider. Sign out and in policies of plans must be strictly
followed to ensure that plans are not lost or misplaced. Plan reviews must be complete and
done in a timely manner. Be a resource to applicants on submittal requirements and be
available throughout the process until the review is complete.
3) Code Enforcement Services: Inspections for deficient property standards.
a. Requirements and Details:
i. Inspections that reflect least favorable and poorest conditions (worst first conditions)
ii. Inspections in Community Development Block Grant (CDBG) target area
iii. Enforcement of Municipal Code
iv. Enforcement of remedial services which includes lot clearing, boarding of buildings
and demolition of structures
V. Enforcement of chronic nuisance properties which are defined as properties that
have a pattern of nuisance activity, as related to alcoholic beverages, noise, sexual
offenders and predators, dangerous dogs, battery, etc., calls for service to a property
for law enforcement, fire, medic or other emergency personnel to assist individuals,
who display the symptoms of an overdose or failure to comply with a code
enforcement order entered by the Special Magistrate.
vi. Respond to and investigate code violations
Page 9 of 10
vii. Post violation notices and provide initial citizen notifications and follow-up
inspections
viii. Provide monthly written reports that include digital photos of violations and action
taken
ix. Prepare cases for court appearances, provide presentations and attend meetings as
needed
Certain code enforcement services will be in support of increased code compliance activity
within the designated Lake Worth CDBG target area and will utilize CDBG funding.
Accordingly, certain federal requirements will be applicable in these instances.
4) Building Official: Building Official services would be on an as needed basis as required by
the Department.
The quotes need to have the following information:
1) Hourly rate for each of the three above listed services.
2) Stat of how travel fume is addressed and how it will be charged.
3) Fee schedule:Mnimum fees for services.
The following information will be required prior to a fn m being accepted for this contract:
1) Copies of all the state certificates of those who are per6amQing the services.
2) Copy of professional liability insurance policy.
3) Copy of automobile liability msura= for vehicles being used.
4) Copy of the inspector's signature on file for verification that the inspector did sign the permit
card.
5) Contact information for the inspectors for Building Department office personnel use only.
6) Inspectors need to have some type of uniform identifying the company they are working of
and their name.
Page 10 of 10
Exhibit B
RFP 18-2171 Building Department Inspections Plan Review Code Enforcement
Inspections and Building Official Services
Fee schedule
14
itspectw hourly ram v & any travel time or minimums:
$60 Iper
hr.
z-Hax M6ikmm
Plan review hourly rate with any travel time or minirmms:
$60,pe
t Hour Mkdrtwm
Buiding official hourly rate v th any minimums or travel timrs:
F
$65
! per hr.
2-Ilor Mitimum
14